JAIPUR: The Rajasthan High Court has suggested the need for a “Romeo-Juliet law” to address the long-standing conflict between consensual relationships among adolescents and the stringent provisions of the Protection of Children from Sexual Offences (POCSO) Act.
A bench of Justice Anil Kumar Upman made the observation while hearing a case challenging an FIR registered under POCSO, noting that the indiscriminate application of harsh criminal laws runs contrary to the fundamental principles of justice.
The court was hearing a petition seeking the quashing of an FIR and criminal proceedings against a young man accused under the POCSO Act. The petitioner argued that the relationship between the two parties was consensual and that the case had been registered solely due to a technical age difference, as the girl was a minor at the time.
In its judgment, the court took note of statistical trends observed since the implementation of the POCSO Act. It stated that a large number of cases registered under the Act involve teenagers and young adults between the ages of 16 and 18 who are in consensual relationships. The court remarked that a significant portion of POCSO cases are of a “Romeo-Juliet” nature, involving two teenagers or a teenager and a young adult, where the relationship is consensual but is legally classified as sexual abuse because the girl is marginally below 18 years of age.
The bench observed that such relationships were not considered criminal offences prior to the enactment of POCSO in 2012. However, after the law came into force, these acts became punishable regardless of consent.
Justice Upman suggested that a specific “Romeo-Juliet provision” should be incorporated into the law to distinguish between genuine cases of sexual exploitation and consensual adolescent relationships. Referring to the facts of the present case, the court noted that a 19-year-old man had been accused of kidnapping and sexually assaulting a 17-year-old girl, and charges were framed under the POCSO Act in a mechanical manner by both the police and the trial court.
The court pointed out that the girl had categorically stated in her statements before the police and the trial court that she had left her home of her own free will. She also clarified that the accused had neither forced her nor established any sexual relationship with her, consensual or otherwise. Additionally, the medical examination did not confirm any sexual assault. Despite this, charges related to kidnapping and rape were filed.
Delivering a strong message, Justice Upman observed, “The purpose of a stringent law like POCSO is to protect children from violent sexual offenders. This law cannot be used as a weapon to punish young people or to criminalise consensual relationships and ruin their future.”
The court cautioned that the continued mechanical and indiscriminate application of such laws would promote injustice rather than justice in society.
It is notable that the Supreme Court had earlier expressed concern over the misuse of the POCSO Act in cases involving teenage relationships and the broader social implications of such prosecutions. The Rajasthan High Court echoed these concerns and urged the central government and lawmakers to take serious and immediate action.
The court concluded that criminalising natural adolescent behaviour adversely affects the mental and social well-being of young people and undermines the true objective of child protection laws.